Liability Release and Waiver
By signing below, I (as the participant or as the Parent/Legal Guardian of the minor identified below)
hereby accept and agree to the terms and conditions of this Agreement in connection with my (or the
minor’s) participation in any Event.
MEMBERSHIP AGREEMENT
As a member of Hunterdon Sailing Club, inc. (“Club”). I hereby agree to abide by its by-laws and its
rules and regulations now in force or as adopted or amended hereafter by the Club, so long as
membership continues. I certify that I will wear a Coast Guard approved positive buoyancy Personal
Flotation Device (PFD) while using a Club boat and that I will follow all applicable boating regulations
including NJ boating regulations and state park rules and regulations regarding the use of PFDs. I
agree that, while participating in any Club events. I will not consume or be under the influence of
alcohol, drugs, or any other substances that could impair my ability to safely participate. I will not
hold the Club nor its officers, members, employees, or volunteers liable for damage to boat(s) or
equipment or injury to myself or others.
Hunterdon Sailing Club Liability Release and Waiver
For and in consideration of Hunterdon Sailing Club Inc. (the “Organization”) allowing me, the
undersigned, to participate in any capacity in an Organization sanctioned, licensed, or approved
event or activity (“Event” or “Events”); I, for myself, and on behalf of my spouse, children, heirs and
next of kin, and any legal and personal representatives, executors, administrators, successors, and
assigns, hereby agree to and make the following contractual representations pursuant to this
Agreement (the “Agreement”):
A. ACKNOWLEDGMENT OF RISK: I knowingly, willingly, and voluntarily acknowledge the inherent
risks associated with the sport of sailing, and that participation in any Organization Event involves
risks and dangers including, without limitation, the potential for serious bodily injury (including broken
bones, head or neck injuries), drowning, sickness and disease (including communicable diseases
such as COVID-19, fungal and bacterial infections), trauma, pain & suffering, permanent disability,
paralysis and death; loss of or damage to personal property; exposure to extreme conditions and
circumstances; accidents involving other participants, event staff, volunteers or spectators; contact
or collision with other participants or natural or manmade objects; adverse weather conditions;
facilities issues and premises conditions; failure of protective equipment; inadequate safety measures;
participants of varying skill levels; situations beyond the immediate control of the Event
organizers or the Organization; and other undefined, not readily foreseeable and presently unknown
risks and dangers (“Risks”).
B. ASSUMPTION OF RISK: I understand that the aforementioned Risks may be caused in whole or
in part or result directly or indirectly from the negligence of my own actions or inactions, the actions
or inactions of others participating in the Events, or the negligent acts or omissions of the Released
Parties defined below, and I hereby voluntarily and knowingly assume all such Risks and
responsibility for any damages, liabilities, losses, or expenses that I incur as a result of my
participation in any Events. I understand that the responsibility for an individual’s decision to sail is at
all times theirs alone.
C. RELEASE AND INDEMNITY: In consideration of my participation in any Event, I hereby release
from liability and waive any claims against the owner or organizer of the Event, its licensees,
competition managers, beneficiaries, and supporting organizations, together with the officers,
instructors, volunteers, members and contractors of them (the “Released Parties” or “Event
Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss,
or expense (including court costs and reasonable attorney fees) of any kind or nature (“Liability”)
which may arise out of, result from, or relate in any way to my participation in the Events, including
claims for Liability caused in whole or in part by the negligent acts or omissions of the Released
Parties. Further, I agree to indemnify, defend, and hold harmless the Released Parties and Event
Organizers against and from any and all Liability imposed on, incurred by, or asserted against any
Released Party or Event Organizer resulting from, arising out of, in connection with, or relating to my
breach of this Agreement.
D. COMPLETE AGREEMENT AND SEVERABILITY CLAUSE: This Agreement represents the
complete understanding between the parties regarding these issues and no oral representations,
statements or inducements have been made apart from this Agreement. If any provision of this
Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable from this Agreement and shall not affect the validity and enforceability of any
remaining provisions.
I HAVE CAREFULLY READ THIS DOCUMENT IN ITS ENTIRETY, UNDERSTAND ALL OF ITS
TERMS AND CONDITIONS, AND KNOW IT CONTAINS AN ASSUMPTION OF RISK, RELEASE,
WAIVER FROM LIABILITY, AND INDEMNIFICATION.
